C.R.M. 5175 of 2019
In Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure, 1973.
In the matter of : 1. Hasibul Ansari
2. Rabiul Ansary @ Robiul Aoyal Ansari
3. Kalu Ansari @ Saifulla Ansari
Mr. Sourav Mukherjee
…..For the petitioners
Ms. Kakali Chatterjee
……For the State
Apprehending arrest in course of investigation of Domkal Police
Station F.I.R. No. 200/2019 dated 11th March, 2019 under Sections
498A/Section306/Section304 of the Indian Penal Code, the petitioners (victim’s
husband, brother-in-law and uncle-in-law) have applied for anticipatory
We have learned advocates for the parties and perused the
materials in the case diary.
It appears that the victim died after 13 years of marriage with the
petitioner no. 1. Her death took place on 22nd February, 2018 and the
First Information Report (hereafter the F.I.R.) was registered on 11th
March, 2019. The delay of 13 months in lodging the complaint has been
attributed to failure and/or neglect on the part of the petitioners to
agree to a settlement.
Having regard to the abnormal delay in lodging the F.I.R. and the
reason therefor, we are of the considered view that custodial
interrogation of the petitioners may not be necessary for effective and
meaningful progress of investigation of the F.I.R.; hence, we are inclined
to grant the prayer for direction as made in this application.
The application being CRM 5175 of 2019 is disposed of with the
direction that in the event of arrest, the petitioners shall be released on
bail upon furnishing bond of Rs.10,000/- each, with two sureties of like
amount each, one of whom must be local, to the satisfaction of the
arresting officer and also subject to the conditions as laid down in sub-
section (2) of Section 438 of the Code of Criminal Procedure.
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)